Posts in Federal Class Action Law.

[W]hile the statutory religious exemption to Title IX may permit, or even require, the Department to refuse assistance to sexual and gender minority students like the Plaintiffs, the Constitution forbids such inaction.” Hunter v. U.S. Department of Education, Complaint ¶6.

Title IX has long had an exemption for religious institutions, which ...

The outbreak of COVID-19 tuition refund class actions is as virulent as the pandemic that inspired them. In just one week, the number of tuition refund class actions against colleges and universities nearly doubled from 60 to 105,  most bearing an uncanny similarity to those that preceded them. Their main complaint is that the innovative transition ...

On Friday, January 13, 2017, the U.S. Supreme Court granted certiorari in Henson v. Santander Consumer USA, Inc. This case raises the question whether a debt buyer is a “creditor” or a “debt collector” under the Fair Debt Collection Practices Act (FDCPA). The answer to this question, it turns out, is far from clear since debt buyers fit ...

On January 15, 2016, the U.S. Supreme Court granted certiorari to review the decision of the Ninth Circuit in Baker v. Microsoft Corporation.

On April 7, the United States Court of Appeals for the Sixth Circuit issued a decision clarifying the rules governing the timing of removal of cases to federal court under the Class Action Fairness Act (CAFA).
One of the more interesting developments in class action law as of late is the use of the pick-off play, which occurs when a potential class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward. Different circuits have come down on different sides on the issue as to whether a Rule 68 ...

In Roach v. T.L. Cannon Corp., the Second Circuit examined the effect of the Supreme Court’s recent decision in Comcast Corp. v. Behrend. More specifically, the issue in Roach was whether Comcast meant that “a class cannot be certified . . . simply because damages cannot be measured on a classwide basis.” According to the Second Circuit, Comcast ...

Especially as Anthem class actions emerge, the speculative nature of harm in data breach cases means that Article III standing will be hotly contested in the near future. Here is a review the legal landscape of this fundamental requirement for federal jurisdiction.

The pick-off play occurs when a prospective class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward. A few recent stories provide helpful context on this strategy.

Many businesses know that calling the wrong party could mean trouble according to the Telephone Consumer Protection Act (TCPA). In broad terms, the law forbids cell phone calls without the consent of the called party. This recent blog post sets up a potentially frightening scenario for businesses — an accidental call.

Jimmy John’s is facing a class action lawsuit after a data breach of the company's point-of-sale system.

A judge recently held that the NCAA’s limit on athlete compensation unreasonably restrains trade. Although the action did not include financial damages, the plaintiff athletes are now seeking $50.2 million in attorneys’ fees and court costs for the several years of litigation it took to see their interests vindicated.

What happens to a class action when the named plaintiff accepts a Rule 68 offer of judgment? According to a recent Ninth Circuit decision, the Rule 68 settlement could moot the entire action.

Home Depot is facing a class action lawsuit after customers became aware of a large data breach. Several similar stories indicate that Home Depot may not be alone in the defendant’s chair and that class action litigation is on the rise as consumer data breaches become more prevalent.

A judge in the Northern District of Illinois recently applied the heightened facial plausibility standard to affirmative defenses and did so in the context of a Telephone Consumer Protection Act class action. It would be significant if the holding were to stand on appeal. 

Plaintiffs recently filed a putative class action suit against the networking site LinkedIn in California federal court. The claim, brought under the Fair Credit Reporting Act, raises questions as to whether the law should apply more broadly than just to the reporting of consumer credit.

Home Depot is facing class litigation relating to data breach allegations, revealing that this and other large retailers are likely to see more of these suits in the coming months. As this story details, the home improvement store's data breach has spawned “at least 21 federal lawsuits” as of October 10.

The U.S. Supreme Court heard an argument last week that could alter the landscape of where class action lawsuits are resolved.
Third Circuit Rules That Rule 23 Ascertainability Element Requires Proof and Rigorous Analysis
S.D. Ohio Holds No-Consent TCPA Class Impermissibly “Fail-Safe”
Fax Class Has a Blast, Still Standing

Certification denied in junk faxes class action

Seventh Circuit agrees with CFPB and FTC in FDCPA time-barred debt collection case

A case discussion involving class certification denial on the basis of lack of commonality among class members.

Sixth Circuit Reaffirms Class Certification in Whirlpool Washing Machine Case

Second Circuit rules that equitable tolling principles do not apply to the statute of repose under the Securities Act
Ninth Circuit Court expands period in which defendants can remove a case to federal court
Google Books class certification decision vacated and remanded for consideration of Google’s fair use defense

Monsanto faces class action over rogue Roundup Ready wheat

Sixth Circuit Holds That Rule 68 Offer to Class Representative Does Not Moot Class Claims

Ohio Consumer Class Actions No Longer Mired in (Low-) Tar Pit?

Supreme Court Hears Oral Argument in Class Action Fairness Act Case

Whirlpool Files Reply Brief in Support of Certiorari in Class Action Appeal

U.S. Supreme Court Hears Oral Argument in a Case That Could Have a Broad Reaching Effect on Class Action Lawsuits

Class Counsel Files Brief Opposing Certiorari in Whirlpool Class Action

Can an Offer of Judgment Divest a Class Representative of Standing? Supreme Court to Decide

U.S. Supreme Court Hears Oral Argument in Amgen Securities Class Action

Choice of Law Decision Leads to Dismissal of State False Advertising Claims in Class Action Against General Mills

Putative Class Action Against MERS Survives Dismissal: Pennsylvania Recording Statute Held to Be Mandatory
U.S. Supreme Court Considers Petition for Certiorari in the Sixth Circuit’s Class Certification Decision in Whirlpool v. Glazer

“Plaintiffs should pay for the discovery they seek” prior to class certification

Decision deferred in Hulu privacy class action — awaits Supreme Court ruling in First American Financial Corp. v. Edwards

ADA-ATM class action against credit union dismissed
Cy pres and class action settlements: Giving away other people’s money

Sixth Circuit to consider whether pre-certification offer of complete relief to plaintiff requires dismissal of case

Lesson of Pippins v. KPMG: “Chutzpah” can be costly, especially in large cases before the Southern District of New York

"Trivial harm" class actions and the de minimus doctrine

George Brett 'hit' with false advertising class action

Sixth Circuit vacates class certification based on preclusion, interprets Wal-Mart

Class actions against the NFL and helmet manufacturers transferred to Eastern District of Pennsylvania

California class action over loss of server drives storing personal and medical information dismissed for lack of standing

How Costly Can FLSA Collective Actions Be? ... Very.
U.S. Supreme Court provides a blueprint to Congress on how to ban contractual arbitration provisions in consumer contracts

No Class, no problem: Discriminatory lending actions in the wake of Wal-Mart v. Dukes

Kentucky District Court's denial of class certification in mortgage lending case provides numerous lessons for class action defendants

Fail-safe definition dooms state wage and hour class

Much has been already said about the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).  In this article, we provide a discussion of the recent case of Ham v. Swift Transp. Co., Inc., 275 F.R.D. 475 (W.D. Tenn. 2011), which illustrates that the precepts of Wal-Mart do not impede certification of classes under ...

The future of no-harm class actions is now in the hands of the U.S. Supreme Court following oral argument in First American Financial Corp. v. Edwards, U.S. Supreme Court Docket No. 10-708, October 2011.

In In re Apple & AT&TM Antitrust Litig., 2011 U.S. Dist. LEXIS 138539 (N.D. Cal. Dec. 1, 2011), a California federal district court recently had the opportunity to directly apply the Supreme Court’s holding in AT&T Mobility v. Concepcion, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011).  In a case involving an AT&T arbitration agreement, the Court ...

The dilemma of extensive discovery involved in complex class action litigation.

Following the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion, 113 S. Ct. 1740 (2011), it seemed clear that states possessed little power to limit the enforcement of arbitration provisions and class action waivers in consumer contracts. 

MDL Case No. 1700 concerns more than 70 class action cases against FedEx Ground Package System, Inc. (FedEx) consolidated in the Northern District of Indiana, alleging that FedEx improperly classified its delivery drivers as independent contractors rather than employees.

The U.S. Supreme Court heard oral argument yesterday in First American Financial, et al. v. Edwards, U.S. Supreme Court Docket No. 10-708. 

The Seventh Circuit Court of Appeals recently held a defendant may moot a plaintiff's class action complaint by "offer[ing] him his full request for relief." 

Sixth Circuit Affirms Decision Striking Class Allegations in Challenge to Health Care Discount Program, Calling Class Treatment Inefficient, Unworkable, and Inconsistent with Rule 23

The No. 1 E-Discovery issue vexing businesses and other organizations today is how far to go in preserving evidence for litigation.

The U.S. Supreme Court recently heard oral argument on a case that could impact the enforceability of mandatory arbitration clauses and class action waivers in consumer contracts.

A California District Court Judge has dismissed a class action lawsuit against Facebook challenging the use of its “Friend Finder” feature. 

On October 26, 2011, Defendants-Appellants filed a Rule 23(f) Petition seeking immediate leave to appeal the District Court's October 13, 2011 Order granting in part Plaintiff-Appellee's motion for class certification. 

Discussion of the pending U.S. Supreme Court case of CompuCredit Corporation, et al. v. Greenwood and arbitration agreements in consumer contracts.

Discussion of the pending U.S. Supreme Court case of First American Financial Corporation, et al. v. Edwards dealing with no-harm class actions.

In Meznarich v. Morgan Waldron Insurance Management, LLC (N.D. Ohio Sept. 30, 2011), 2011 U.S. Dist. LEXIS 113237, **15-16, Judge Pearson recently certified a class of 1100 employees, under Rule 23(b)(1)(A), who alleged breach of fiduciary duty, ERISA violations and fraud against Morgan Waldron Insurance management LLC and others.  ...

The Sixth Circuit has joined other federal circuits in requiring putative class plaintiffs to plead the elements of causation and damages or face dismissal of their class allegations.

An analysis of the first case from the Sixth Circuit to expressly address the fail-safe class, which is defined as a class that requires a decision on the merits of a claim in order to determine who is within the class.

Discussion of a New York District Court decision that provides analysis of a consumer class action claim and the question of commonality.

The 6th Circuit Court of Appeals reversed an order certifying a class of hundreds of multi-employer trust funds asserting fiduciary claims arising under the Employee Retirement Income Security Act.

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